(a) Establishment.--There is hereby established a separate account in the State Treasury to be known as the Patient Safety Trust Fund. The fund shall be administered by the authority. All interest earned from the investment or deposit of moneys accumulated in the fund shall be deposited in the fund for the same use.

(b) Funds.--All moneys deposited into the fund shall be held in trust and shall not be considered general revenue of the Commonwealth but shall be used only to effectuate the purposes of this chapter as determined by the authority.

(c) Payment.--Commencing July 1, 2002, each licensed medical facility shall pay the department a surcharge on its licensing fee, and each abortion facility not subject to State licensure shall pay an assessment as necessary to provide sufficient revenues to operate the authority. When determining the assessment for an abortion facility, the department shall apply the same methodology utilized for an ambulatory surgical facility. The total payment for all medical facilities shall not exceed $5,000,000. The department shall transfer the total payments to the fund within 30 days of receipt.

(d) Base amount.--For each succeeding calendar year, the department shall determine each medical facility's proportionate share of the authority's budget. The total amount shall not exceed $5,000,000 in fiscal year 2002-2003 and shall be increased according to the Consumer Price Index in each succeeding fiscal year.

(e) Expenditures.--Moneys in the fund shall be expended by the authority to implement this chapter.

(f) Dissolution.--In the event that the fund is discontinued or the authority is dissolved by operation of law, any balance remaining in the fund, after deducting administrative costs of liquidation, shall be returned to the medical facilities in proportion to their financial contributions to the fund.

(g) Failure to make payment.--If, after 30 days' notice, a medical facility fails to pay a surcharge or assessment levied by the department under this chapter, the department may impose an administrative penalty of $1,000 per day until the surcharge is paid.